Springer's Estate, In re, 50318

CourtUnited States State Supreme Court of Iowa
Citation252 Iowa 1220,110 N.W.2d 380
Docket NumberNo. 50318,50318
PartiesIn the Matter of the ESTATE of Anna SPRINGER, Deceased.
Decision Date15 August 1961

Westfall, Laird & Burington, Mason City, and McMahon & Cassel, Algona, for appellants.

Linnan, Lynch & Straub, Algona, for appellee.

THORNTON, Justice.

This is a will contest. Ana Springer died, a resident of Kossuth County, May 19, 1959. She made the will in question here November 16, 1957, at which time she was just past the age of 83. This will was a republication of a will made May 18, 1955. She was a spinster. The will left $1,000 to Clara Johnson, one of contestants, provided for three other special bequests of $1,000 and gave the residue to proponent, Joseph Williams. The stipulated value of the estate is $85,000. The proponent is a married man, 45 years of age, who had befriended the testatrix during her lifetime. He is not related to decedent. Contestants are four cousins of testatrix. They all live in Kansas.

On March 30, 1957, proponent was appointed guardian of the person and property of testatrix pursuant to section 670.5, Code of Iowa, 1954, I.C.A. On April 2, 1957, she fell and fractured her hip. She was taken to Holy Family Hospital at Estherville for treatment where she remained until June 20th when she was moved to a rest home at Burt, Iowa. Testatrix lived there until her death. While in the hospital, on May 7, 1957, testatrix executed a will leaving her estate to five of her Kansas cousins, four of whom are contestants here. Two of the cousins were visiting her at the time.

The trial court submitted the issues of testamentary capacity and undue influence to the jury. In addition to returning a general verdict for contestants, the jury answered special interrogatories on each issue in favor of contestants. Proponent filed a motion for a new trial because of the insufficiency of the evidence to support the verdict, misconduct of counsel in argument and, by amendment to the motion, misconduct of the jury foreman; and for judgment notwithstanding the verdict because of the insufficiency of the evidence and included all reasons stated in the motion for a new trial by reference. The trial court sustained the motion for judgment notwithstanding the verdict and entered judgment admitting the will to probate. Contestants moved for a new trial on the grounds of newly discovered evidence. This motion was overruled. At the request of counsel for both sides the trial court ruled on proponent's motion for a new trial. The court stated in its ruling, '* * * in order to complete the record which has been requested by counsel * * *,' and it, '* * * would have granted a new trial for all the reasons set forth in his ruling on the motion for judgment notwithstanding the verdict.' The reasons stated in the ruling were directed solely to the issues of testamentary capacity and undue influence but the court did sustain each ground and paragraph of the motion for judgment notwithstanding the verdict separately and individually. In this state of the record we must consider the ruling on the motion for a new trial because of misconduct of counsel and of the jury foreman as being adverse to contestants.

I. In view of the answers to the special interrogatories in favor of contestants, if the evidence on either issue is sufficient to support the verdict a reversal is required. In re Estate of Dashiell, 250 Iowa 401, 403, 94 N.W.2d 111. We believe from a careful consideration of the record there is sufficient evidence of lack of testamentary capacity to support the jury verdict and that the granting of a new trial because of misconduct of counsel or misconduct of the jury foreman amounted to an abuse of discretion and therefore the verdict of the jury must be reinstated.

II. In passing on a motion for judgment notwithstanding the verdict we must give contestants' evidence its strongest probative force. They are entitled to the benefit of all reasonable inferences to be drawn therefrom. However, substantial evidence, more than a scintilla, is necessary and it must rationally support a verdict in favor of contestants. Drosos v. Drosos, 251 Iowa 777, 103 N.W.2d 167; and Olsen v. Corporation of New Melleray, 245 Iowa 407, 60 N.W.2d 832.

III. The basic principles of law on testamentary capacity here applicable are well and concisely stated in In re Estate of Rogers, 242 Iowa 627, 630, 631, 47 N.W.2d 818, 820, as follows:

'Where this issue is involved the burden is upon the contestants to show lack of mental capacity of the testatrix in one of these respects: 1. To understand the nature of the instrument he is executing; 2, to know and understand the nature and extent of his property; 3, to remember the natural objects of his bounty, and; 4, to know the distribution he desires to make. If his mental capacity is not equal to any one of these tests, he cannot make a valid will. In re Estate of Meyer, 240 Iowa 1226, 37 N.W.2d 265; In re Estate of Ring, 237 Iowa 953, 22 N.W.2d 777; Perkins v. Perkins, 116 Iowa 253, 90 N.W. 55. Conversely, the law is slow to deny the right of any person to dispose of his property by will as he sees fit. No mere impairment of his mental or physical powers, so long as he retains mind and comprehension sufficient to meet the tests above set forth, will render his will invalid. In re Estate of Sinift, 233 Iowa 800, 810, 10 N.W.2d 550, 554; Perkins v. Perkins, supra. And we have often said that there must be substantial evidence of mental unsoundness in order to generate a jury question. In re Estate of Sinift, supra; In re Estate of Fitzgerald, 219 Iowa 988, 996, 259 N.W. 455, 459.

'Also, the proof of mental deficiency must be applicable to the very time of the making of the will. Ipsen v. Ruess, 239 Iowa 1376, 1379, 35 N.W.2d 82, 85; In re Estate of Grange, 231 Iowa 964, 975, 2 N.W.2d 635, 641; In re Estate of Hayer, 230 Iowa 880, 884, 299 N.W. 431, 434. This is the question which must be determined; but in considering it, evidence of the condition of the testator's mind at other times, of his acts, expressions, appearance, or statements may be received and submitted if there is a reasonable basis for the conclusion that they throw light upon the condition of this mind at the time of making the will. It is not essential that there be evidence of the exact date of execution of the instrument, if there be something in the record from which it can be reasonably inferred with the state of his comprehension was when he made the will. In re Estate of Ring, supra; In re Will of Wharton, 132 Iowa 714, 718, 109 N.W. 492, 494.'

See also In re Olson's Estate, Iowa, 106 N.W.2d 345, 346; and Drosos v. Drosos, 251 Iowa 777, 785, 103 N.W.2d 167, 171.

Rule 61, § 413, Wigmore's Code of Evidence, 3rd Ed., is:

'A person's prior or subsequent condition as to sanity or insanity is admissible to evidence his condition at the time in issue; the range of time depending on the circumstances of the particular case as to the kind of the alleged incapacity, its probable persistence, and the person's habits and health.'

See also reference to senile dementia in Drosos v. Drosos, supra, at page 785 of 251 Iowa, at page 171 of 103 N.W.2d.

IV. In proponent's brief and argument there are cited two of our cases, In re Estate of Meyer, 240 Iowa 1226, 1234, 37 N.W.2d 265, 269, and In re Estate of Fitzgerald, 219 Iowa 988, 996, 259 N.W. 455, in each of which there is a misstatement of the burden on contestant on the issue of mental capacity. The burden on contestant is there stated:

'* * * the burden is on the contestants to show that the testator did not have mind enough to know and comprehend, in a general way, the natural objects of his bounty, the nature and extent of his estate, and the distribution he wished to make of it.' [240 Iowa 1226, 37 N.W.2d 269.]

This misstatement was pointed out by Chief Justice Garfield in his dissent in In re Estate of Meyer, supra, at page 1245 of 240 Iowa, at page 275 of 37 N.W.2d. As pointed out by the Chief Justice, the statement is misleading because it infers that in order to prevail contestants must establish testator's incapacity in all of these respects whereas proof of incapacity in any of them is sufficient. And the statement overlooks the fact testamentary capacity also involves ability to understand the nature of the instrument testator is executing. The dissent also points out the same misstatement in In re Will of Johnson, 201 Iowa 687, 689, 207 N.W. 748. To the extent such misstatement of the burden on contestants influenced the decisions in such cases they are in error.

V. The pertinent evidence on testamentary capacity is as follows: Dr. Thomas J. Egan, M.D., was called by contestants. His qualifications were waived by proponent. The evidence is Dr. Egan was admitted to practice medicine in 1931 and he has practiced in Bancroft since 1935. He has taken short courses to belong to the Academy of General Practice. The doctor testified he had known decedent professionally since 1936 in Bancroft. That he saw her 12 to 15 times a year up until she left Bancroft (apparently about 20 years ago). That he saw her in the early summer of 1957 (May 12, 1957, is the stipulated date) and his purpose was to endeavor to arrive at her mental competency. He gave her a casual physical examination, '* * * And then on in the questions were directed more to her mental condition * * * to attempt to evaluate her mental status.' He testified the examination of decedent took 25 to 35 minutes, that decedent did not recognize him and it was necessary to tell her who he was twice during the examination, the first time he told her who he was it didn't make much of an impression. She knew she was in a hospital but she didn't know which one. That he inquired about her property in Bancroft and Swea City and her farm. She was not sure of the occupancy or the tenants. She was not sure the rent or taxes had been paid. She was not coherent and...

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